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我国经济体制与社会管理体制影响了高校与学生关系的性质及表现。计划经济体制下,国家实行高度集中的行政化社会管理体制,高校与学生的关系是在国家行政权作用下的行政关系。市场经济体制下,社会组织主体地位得到确立,高校与学生的关系是建立在行政分权基础上的行政关系,其特征及外在表现应符合现代行政的要求。高校与学生的行政关系应是大陆法系国家的特别权力关系理论最终发展方向。
China’s economic system and social management system have influenced the nature and performance of the relationship between colleges and students. Under the planned economic system, the state practices a highly centralized administrative social management system. The relationship between colleges and students is an administrative one under the influence of the state administrative power. Under the market economy system, the dominant position of social organizations has been established. The relationship between colleges and students is based on the administrative relationship based on administrative decentralization. Its characteristics and external manifestations should meet the requirements of modern administration. The administrative relationship between colleges and students should be the final development direction of the theory of special power relations in civil law countries.